**Document:** Officer Planning Report **Application:** 07/02260/A — Approval in principle to erect a dwelling **Decision:** Refused **Decision Date:** 2008-02-19 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84516-malew-formerly-660-ballamodha-straight-dwelling-outline/documents/1519918 --- # Officer Planning Report **Application No.:** 07/02260/A **Applicant:** Mr T Glassey **Proposal:** Approval in principle to erect a dwelling **Site Address:** Field 434756 (Formally 660) Ballamodha Straight Ballamodha Ballasalla Isle Of Man ### Considerations Case Officer: Miss S E Corlett **Site Visit:** 22.01.2008 **Expected Decision Level:** Planning Committee ### Written Representations ### Consultations Consulttee: Highways Division Notes: Consulttee: Malew Parish Commissioners Notes: Object Consulttee: S.P.M.C. & E. Notes: Strongly object Consulttee: IOM Water Authority Notes: Note received ### Officer's Report THE SITE The site defined in red represents a rectangular piece of undeveloped land on the eastern side of the Ballamodha Straight (A3). Also defined in blue is a wider area - approximately 4ha to the north. PLANNING STATUS 30 January 2008 07/02260/A Page 1 of 4 The site lies within an area designated as "white land" on the Isle of Man Planning Scheme (Development Plan) Order 1982. ### Planning History There have been no planning applications submitted in respect of this site. There have however been applications submitted in respect of land around 400m to the north by this applicant, the latest - PA 06/0998, sought approval fro the erection of a dormer bungalow, Field 430539, Ballamodha Straight, and was refused on appeal, 25th January 2007. ### The Proposal Proposed is the principle of the erection of a dwelling on the site. The applicant supports his application by explaining that he wishes to further his agricultural business and wishes to have a dwelling on the site for him and his family who are presently accommodated in public sector housing. ### Representations The occupant of White Lodge, Ballamodha objects to the proposal as it is contrary to established Strategic Plan policy. The Society for the Preservation of the Manx Countryside and Environment object to the application on the same basis. Isle of Man Water Authority recommends a note regarding water supplies. A resident of Port Soderick reminds the Committee that he raised no objection to the previous application even though this was refused and suggests that further justification in respect of the agricultural activities is required. Malew Parish Commissioners object to the proposal as it is contrary to policy. ### Assessment In the assessment of the application for the site to the north, the Inspector comments as follows: "...the site lies within an area of countryside, designated area under the Isle of Man Planning Scheme (Development Plan) Order 1982, where strict rural planning policies apply. Rural planning policy, as expressed in Circular 1/88, allows only new dwellings within agricultural need which cannot be located in the nearest village, hamlet or existing groups of buildings. There is no agricultural justification for this proposal. The care of horses does not fall within the definition of agriculture. Therefore I conclude that the development of the dwelling would be unacceptable as contrary to rural planning policy." (paragraph 25). This application was refused. Whilst the site may be different, it is close to the application site and falling within the same planning policy constraints. The site is not designated for development and as such, development would only be permissible if it were in accordance with the provisions of General Policy 3 which states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage". Whilst the applicant has suggested that he wishes to further his agricultural business, there is no evidence to suggest that this is a viable agricultural business which would justify a dwelling and the site defined in blue illustrating the land which is associated with the site, represents only some 4 hectares which does not constitute sufficient land to be a viable agricultural holding. In addition, the Strategic Plan contains the following policies: "Strategic Aim: to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage". Strategic Policy 1 which states: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services". Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3". Strategic Policy 4; "Proposals for development must...b) protect or enhance the landscape quality and nature conservation value or urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations..." Spatial Policy 5: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3." Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement." Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative". The proposal would be contrary to all of the above and would represent an unfortunate precedent for further unwarranted development in the countryside. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. The resident of Port Soderick and The Society for the Preservation of the Manx Countryside and Environment are not directly affected by the proposal and as such should not be afforded party status in this instance. The Isle of Man Water Authority raise issues associated with the provision of a water supply, which are not material planning considerations and as such the Water Authority should not be afforded party status in this instance. The occupant of White Lodge is two fields away and is not directly affected by the proposal and should not be afforded party status in this instance. In summary therefore the following parties accord with the provisions of Planning Circular 1/06 and should be granted Interested Party Status: Department of Transport Highways Division Malew Parish Commissioners Accordingly, the following parties should not be granted Interested Party Status: Society for the Preservation of the Manx Countryside and Environment Isle of Man Water Authority The owner/occupant White Lodge, Ballamodha, Ballasalla The owner/occupier Seacliffe, Old Castletown Road, Ballaveare, Braddan. ### Recommendation Recommended Decision: Refused Date of Recommendation: 23.01.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. The erection of a dwelling on this site would represent an unwarranted development in the Island’s countryside and would be contrary to both the land use provisions of the Isle of Man Planning Scheme (Development Plan) Order 1982 and to the provisions of the Island Strategic Plan, in particular to the Strategic Aim, Strategic Policies 1c, 2 and 10, Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policy 4. Decision Made : ... Committee Meeting Date : ... --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/84516-malew-formerly-660-ballamodha-straight-dwelling-outline/documents/1519918*